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Help will I loose my visa if I leave my husband?


Guest Chooks

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Please don't judge me I have only been in Australia 10 months but want to leave my husband. We are here on a 176 visa with his skill. I don't want to leave Australia just him, please any advice you can give urgently.

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Guest guest36187

I would suggest that you speak with an agent to get some firm, solid advice.

 

If there are kids involved you need to seek legal advice also!

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If you have a 176 PR visa then no you will still have it even if you leave your OH. You were each granted the visa.

 

You should either have a sticker in your passport or a copy of the grant letter to prove this.

 

As with any separation though best to seek professional advice especially if kids are involved. Even if it is a free citizens advice type centre.

 

There are some visas where separation can lead to losing immigration status - but it will clearly state that on the grant letter. Temp spouse visas for example - where you have to prove you are still together after 2 years to get PR.

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If you have a 176 PR visa then no you will still have it even if you leave your OH. You were each granted the visa.

 

You should either have a sticker in your passport or a copy of the grant letter to prove this.

 

As with any separation though best to seek professional advice especially if kids are involved. Even if it is a free citizens advice type centre.

 

There are some visas where separation can lead to losing immigration status - but it will clearly state that on the grant letter. Temp spouse visas for example - where you have to prove you are still together after 2 years to get PR.

Just make sure he stays in oz but as usual proved to be talking b...ocks good on you gollywoller

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Guest Gollywobbler
Please don't judge me I have only been in Australia 10 months but want to leave my husband. We are here on a 176 visa with his skill. I don't want to leave Australia just him, please any advice you can give urgently.

 

Hi Chooks

 

Welcome to Poms in Oz.

 

I have moved your thread into the Migration Issues section of the forum because your question relates to your visa.

 

As the secondary holder of a sc 176 visa, you are a Permanent Resident of Oz in your own right. If he wants to leave Oz but you want to remain in Oz, his departure would NOT affect your own Permanent Residency. You would be entitled to remain in Oz for the rest of your life if you so wish, regardless of your OH.

 

However, please bear in mind that you would not be entitled to any financial assistance from Centrelink until you have been living in Oz for 2 years. Would you be able to manage financially on your own?

 

How old are you, what is your occupation and do you have a job, please? My guess is that you would be likely to need a full-time job in order to make ends meet?

 

Do you and your OH have any children who are also secondary holders of OH's sc 176 visa?

 

Nobody on this forum would judge you - I would jump on them if they did. :policeman:

 

Marriages do break down after people have emigrated. It is much more common than you know about and/or you might believe.

 

It is FAR too early to think about divorce as yet. Far too early so if I were you, I would stay away from all divorce lawyers for now. They don't make any money for themselves out of a client who cannot be pushed into instigating a divorce. Don't go near them for the time being = avoid being pushed at a time when you are likely to be at your most vulnerable emotionally. Absence does sometimes make the heart grow fonder, so just think of it as being an informal trial separation for a while and see what happens, I suggest.

 

Cheers

 

Gill

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Guest VickyMel
Please don't judge me I have only been in Australia 10 months but want to leave my husband. We are here on a 176 visa with his skill. I don't want to leave Australia just him, please any advice you can give urgently.

 

 

Hi Chooks

 

Welcome to PomsInOz.

Looks like you had the answer to your query - but you will probably have more queries just remember you have come to a great place for advice and there will be loads of people on here who have had a similar issues to the ones you will face.

 

Just feel free to keep coming back and asking as any queries come up - if anyone judges you ignore them - you will find a load of support here just focus on that.

 

Goodluck and Welcome

VickyMel

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Hi Chooks

 

Just wanted to say hope you get everything sorted. No one has the right to judge you, life has a way of throwing things at you when you least expect them, including sudden realisations that things have run their course. Do what you have to.

 

Good luck

Liz x

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  • 2 weeks later...
Please don't judge me I have only been in Australia 10 months but want to leave my husband. We are here on a 176 visa with his skill. I don't want to leave Australia just him, please any advice you can give urgently.

 

Subclass 176 is a permanent visa and will not be affected by the circumstances you have described.

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Hi Chooks

 

Welcome to Poms in Oz.

 

I have moved your thread into the Migration Issues section of the forum because your question relates to your visa.

 

As the secondary holder of a sc 176 visa, you are a Permanent Resident of Oz in your own right. If he wants to leave Oz but you want to remain in Oz, his departure would NOT affect your own Permanent Residency. You would be entitled to remain in Oz for the rest of your life if you so wish, regardless of your OH.

 

However, please bear in mind that you would not be entitled to any financial assistance from Centrelink until you have been living in Oz for 2 years. Would you be able to manage financially on your own?

 

How old are you, what is your occupation and do you have a job, please? My guess is that you would be likely to need a full-time job in order to make ends meet?

 

Do you and your OH have any children who are also secondary holders of OH's sc 176 visa?

 

Nobody on this forum would judge you - I would jump on them if they did. :policeman:

 

Marriages do break down after people have emigrated. It is much more common than you know about and/or you might believe.

 

It is FAR too early to think about divorce as yet. Far too early so if I were you, I would stay away from all divorce lawyers for now. They don't make any money for themselves out of a client who cannot be pushed into instigating a divorce. Don't go near them for the time being = avoid being pushed at a time when you are likely to be at your most vulnerable emotionally. Absence does sometimes make the heart grow fonder, so just think of it as being an informal trial separation for a while and see what happens, I suggest.

 

Cheers

 

Gill

 

That, I think is the most mature advice you have given Golly & I commend you for that :hug:

I think we have taken divorce for granted (more then ever, cause the option just happens to exist) rather than putting in an effort to improve a bad marriage.

I realize it cause me & my wife are going through a rough patch ourselves. Just give it as much as you can, take time off from each other & stick to the resolutions to consciously improve the relation once you get back. Easier said than done, but definitely worth it.

& like Golly said, these are individual visa's.

God bless & hope you are blessed with a renewed relation.

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Guest guest30038
Hi Chooks

Nobody on this forum would judge you - I would jump on them if they did. :policeman:

 

 

How could you judge without the full details of the reason for wanting to leave the husband? Sounds like you're siding before all details are revealed?

 

Given more details I would be only tooo happy to judge, so feel free to jump, as and when you feel fit so to do.

 

I agree with your advice to steerclear of divorce lawyers though :yes:

 

To the OP: what could have changed so dramatically in the 10 months since you have been here?.................the transistion to a whole new life can throw up so many seemingly insurmountable problems. If you were prepared to face these problems (together), ask yourself what has changed so much that you can't now resolve the marital problems.

 

Immigration is hard and takes it's toll, if one partner, isn't fully commited. If the commited partner is not prepared to accept the non-commital of the other, then is it an immigration problem or a relationship problem?

 

You've both gone through a lot to get here, has the strength that it took to get here, drained you so completely that you have no stregth left to stay together?

 

Is this a marital problem or an immigration problem? Are you so drained that you can't think straight? If you were prepared to go through with the process of immigration to better your life, why is your life not better? Did you migrate because you already had problems and thought that a different lifestyle would solve that? Only you have the answers, and a first post, seemingly crying out for help, willl not solve your problems.............only you can do that.

 

I hope things work out for both of you..........but only you two can decide whether they do or don't.

 

kev

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